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Scott Nyman

Apple has become well known for its line of “i” products. You may be familiar with the iPod, iPhone, iTunes, iMac, iBooks, and now the iCloud. It turns out that some of these iMonikers are not so original, stirring up the ire of the original owners of the associated marks.

First up, publisher John T. Colby has filed a lawsuit against Apple for infringing on its “iBooks” trademark. Apple does own trademarks for “iBook” and “iBooks,” both either registered or assigned in 2001. However, Colby is alleging using the iBooks mark in 1999, which predates Apple’s first use in 2000.

If this case actually makes it to trial, large amounts of money will likely have to be spent on proving the geographical reach of the Colby mark. However, since Apple owns federal registrations for the iBook related marks, any victory by Colby would likely be limited to that specific geographic region. I’m calling it now, this one will settle.

Next, iCloud Communications has initiated litigation against Apple for infringing on its “iCloud” trademark. iCloud Communications has apparently been using the mark since 2005. Additionally, iCloud Communications alleges that Apple has willfully engaged in its infringing activity, upping the stakes of litigation. Statutory damages for willful infringement of a trademark may be as high as $150,000. However, against a company such as Apple, statutory damages would likely pale in comparison to the actual damages lost by Apple’s use of the mark. Still, proving willful infringement to the Court may provide the legs needed to enjoin Apple from using the iCloud name.

This “iCloud” situation is a little trickier to predict an outcome. On one side, Apple has enough money to settle almost anything. However, this situation reminds me the AppleTV.

You can bet AppleTV is not the result of strategic marketing research. The AppleTV is called the AppleTV because Apple could not call it the iTV without a substantial, and potentially losing, legal battle. Just ask ITV Global and Elgato, maker of the EyeTV television tuner, what they think about Apple selling an iTV.

In fact, about a year ago, rumors started surfacing that Apple was going to rename the AppleTV to be called the iTV and match the rest of the iProduct line. These rumors alone were enough to spark the fire of ITV Global, owners of the ITV television network. I’ll guess that we’ll see the name changed to AppleCloud, meCloud or something else Apple-ish.

Additional reading:

CrunchGear

Ars Technica